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Question:

Does my
landlord have to have to take noise reduction measures since the place I rent
has substantial airplane noise from the airport nearby?

Answer:

Airplane
noise is defined as sound produced by any aircraft or its components, during
various phases of a flight, on the ground while parked, while taxiing, on
run-up from propeller and jet exhaust, during take off, underneath and lateral
to departure and arrival paths, over-flying while en route or during landing.

The
Federal Aviation Administration (FAA) has the authority to set noise
limitations for new aircraft and to order equipment that would reduce noise of
existing aircraft. In the 1980s, the U.S. Congress authorized the FAA to devise
programs to insulate homes near airports. Although this does not address the
external noise, the program has been effective for residential interiors.

If
you have an airplane noise complaint within the United States, the FAA has set
procedures for the public to follow for filing complaints.

Landlords
are generally held legally responsible for tenant-created noise
disturbances. A continuous barrage of excessive noise is a breach of the
warranty of habitability, a implied promise by the landlord that your rental
unit will stay livable, usable, and safe. In order to qualify as a
violation of the warranty of habitability, the noise must interfere with your
normal activities such as conversation, listening to a radio or sleeping at
night.

Moving forward,
please consult with an Aviation Lawyer and/or Real Estate Lawyer to determine
the proper steps to take to resolve your case.